Convicted Blagojevich faces prospect of long prison sentence

KAREN HAWKINS and MICHAEL TARM

Tuesday

Jun 28, 2011 at 12:01 AMJun 28, 2011 at 4:11 AM

CHICAGO -- Stunned and nearly speechless after hearing the verdicts against him, former Gov. Rod Blagojevich faces the stark reality that he is likely headed to federal prison within months, leaving behind his wife, two young daughters and comfortable home in a leafy Chicago neighborhood.

MORE INFO: List of charges | Timeline | Analysts: Trust in government still damaged | Other governors in trouble | Notable Blagojevich quotes | Reactions | Photos from Chicago | Blagojevich archive photos | Coverage from around the state on The Dome

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CHICAGO -- Stunned and nearly speechless after hearing the verdicts against him, former Gov. Rod Blagojevich faces the stark reality that he is likely headed to federal prison within months, leaving behind his wife, two young daughters and comfortable home in a leafy Chicago neighborhood.

A jury convicted him Monday on 17 charges, including trying to sell or trade President Barack Obama's old Senate seat and attempting to shake down executives for campaign cash. The convictions carry a combined maximum prison sentence of around 300 years, but legal experts say a federal judge is likely to send him away for around a decade, give or take a few years.

An irrepressible Blagojevich had said before the retrial began that he refused to even contemplate the prospect of prison. But red-eyed, his face drawn and frowning, he hurried out of the courthouse after the verdict was read.

The broke and impeached ex-governor told reporters that he and his wife, Patti, "have to get home to our little girls and talk to them and explain things to them and then try to sort things out." His two daughters are 8 and 14.

Uncharacteristically, the 54-year-old Democrat had little more to say, adding only that he was stunned by the verdict.

"Well, among the many lessons I've learned from this whole experience is to try to speak a little bit less, so I'm going to keep my remarks kind of short," Blagojevich said.

He is almost certain to appeal the convictions, and his defense attorneys filed a number of motions to lay the groundwork for that.

If he does end up in prison, Blagojevich would follow a path well-trodden by Illinois governors, including Blagojevich's predecessor, former Republican Gov. George Ryan — now serving 6½ years in a federal penitentiary in Terre Haute, Ind.

In Illinois's book of political infamy, though, Blagojevich's chapter may go down as the most ignominious because of the allegations he effectively tried to hock an appointment to Obama's Senate seat for campaign cash or a job.

Blagojevich will probably receive around 10 years in prison, with little chance he would get more than 15, said former Chicago-based federal prosecutor Jeff Cramer said. Another former prosecutor, Phil Turner, said Judge James Zagel might look to Ryan's sentence and mete out a similar one for Blagojevich.

Zagel did not set a sentencing date, but Gal Pissetzky, a Chicago attorney who defends clients in federal court, said it's likely Blagojevich would be sentenced late this year. When he is, Pissetzky said there is a chance he could end up serving in the same prison as George Ryan.

The verdict, coming after his first trial ended last year with the jury deadlocked on most charges, was a bitter defeat for Blagojevich, who spent 2½ years professing his innocence on reality TV shows and later on the witness stand. His defense team insisted that hours of FBI wiretap recordings were just the ramblings of a politician who liked to think out loud.

After hearing the verdict, Blagojevich turned to defense attorney Sheldon Sorosky and asked "What happened?" His wife, Patti, slumped against her brother, then rushed into her husband's arms.

Before the decision was read, the couple looked flushed, and the former governor blew his wife a kiss across the courtroom, then stood expressionless, with his hands clasped tightly.

The verdict capped a long-running spectacle in which Blagojevich became famous for blurting on a recorded phone call that his ability to appoint Obama's successor to the Senate was "f---ing golden" and that he wouldn't let it go "for f---ing nothing."

The case exploded into scandal when Blagojevich was awakened by federal agents on Dec. 9, 2008, at his Chicago home and was led away in handcuffs. Federal prosecutors had been investigating his administration for years, and some of his closest cronies had already been convicted.

Blagojevich was swiftly impeached and removed from office.

The verdict provided affirmation to U.S. Attorney Patrick Fitzgerald, one of the nation's most prominent prosecutors, who, after the governor's arrest, had condemned Blagojevich's dealings as a "political corruption crime spree."

The key question for the jury was whether to accept the defense suggestion that Blagojevich's activities amounted to "the kind of political wheeling and dealing that is common in Illinois and around the country."

"That," said Fitzgerald, his voice rising, "couldn't be any further from the truth. ... Selling a Senate seat, shaking down a children's hospital and squeezing a person to give money before you sign a bill that benefits them is not a gray area. It's a crime."

Fitzgerald pledged to retry the governor after the first jury failed to reach a decision on all but the least serious of 24 charges against him.

The jury voted to convict on 17 of 20 counts after deliberating nine days heading into Monday. Blagojevich also faces up to five additional years in prison for his previous conviction of lying to the FBI; Pissetzky said Zagel would almost certainly sentence Blagojevich for all the convictions at once.

Judges have enormous discretion in sentencing and can factor in a host of variables, including whether a defendant took the stand and lied. Prosecutors have said that Blagojevich did just that.

Blagojevich was acquitted of soliciting bribes in the alleged shakedown of a road-building executive. The jury deadlocked on two charges of attempted extortion related to that executive and funding for a school.

Zagel has barred Blagojevich from traveling outside the area without permission. A status hearing to discuss sentencing was set for Aug. 1.

All 12 jurors — 11 women and one man — spoke to reporters after the verdict, identifying themselves only by juror numbers. Their full names were to be released Tuesday.

Jurors said the evidence that Blagojevich tried to secure a high-paying, high-powered position in exchange for the appointment of Obama's successor in the Senate was the clearest in the case.

"There was so much more evidence to go on," said Juror No. 140. Jury members said they listened and re-listened to recordings of Blagojevich's phone conversations with aides. They also acknowledged finding the former governor likable.

"He was personable," Juror No. 103 said. "It made it hard to separate what we actively had to do as jurors."

Richard Kling, a professor at Chicago-Kent College of Law who watched much of the trial, said the defense had no choice but to put Blagojevich on the stand, even though doing so was risky.

"The problem was with some of his explanations," Kling said. "It reminded me of a little kid who gets his hand caught in a cookie jar. He says, 'Mommy I wasn't taking the cookies. I was just trying to protect them and to count them.'"

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Associated Press Writer Don Babwin contributed to this report.

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Other Illinois governors who faced legal troubles

Former Gov. Rod Blagojevich is the most recent figure in a long list of Illinois politicians who have dealt with legal problems. Here are some of the more memorable:

* Rod Blagojevich — Governor from 2002 through 2009, when he became the first Illinois governor in history to be impeached. Convicted of numerous corruption charges Monday, including allegations that he tried to sell or trade President Barack Obama’s old Senate seat.

* George Ryan — Governor from 1999 through 2003. After leaving office, was convicted of racketeering for actions as governor and secretary of state. In November 2007, began serving 6 1/2 years in federal prison.

* Dan Walker — Governor from 1973-1977. Pleaded guilty to bank fraud and other charges in 1987 related to his business activities after leaving office. Spent just over a year and a half in federal prison.

* Otto Kerner — Governor from 1961-1968. Resigned to become judge, then was convicted of bribery related to his tenure as governor. Sentenced to three years in prison.

* William G. Stratton — Governor from 1953-1961. Indicted after leaving office on income-tax evasion charges but was acquitted.

* Lennington Small — Governor from 1921-1929. Indicted while in office on embezzlement charges but was acquitted.

* Joel Matteson — Governor from 1853-1857. After leaving office, a Sangamon County court ruled that he owed the state more than $253,000 in connection with a scheme to pay government contractors. His property was sold at auction.

The damage that former Gov. Rod Blagojevich did to the confidence in the political system in Illinois will remain, despite the guilty verdicts against him returned by a federal jury in Chicago on Monday, analysts say.

“If your house is robbed or your purse is stolen, it helps that they catch the person that did it,” said Kent Redfield, professor emeritus of political science at the University of Illinois Springfield. “But still, that shatters your trust and your sense of security.

“The same thing is true here politically,” Redfield added. “He was a terribly incompetent governor as well as a corrupt governor, and the damage that he did is really lasting. It’s better to have him convicted than to get off. Still, it’s going to take a long time to undo this.”

David Yepsen, director of the Paul Simon Public Policy Institute at Southern Illinois University, said earlier that whatever the verdict, “I’m not sure we’re going to have complete closure here,” with expected appeals and sentencing yet to come.

“This whole episode has just been a real black eye on the state of Illinois,” Yepsen said. “It’s going to be a long time before that black eye heals.”

Not there yet

Illinois lawmakers have made changes in ethics laws in recent years, some in response to abuses by Blagojevich. But Redfield noted that other governors before Gov. Pat Quinn have been convicted of public corruption, and another, William Stratton, was accused but not convicted. And Dan Walker was convicted of fraud for financial dealings after he was out of office.

“To say that it’s just bad luck or one bad apple, that’s obviously not the case,” Redfield said. “We’ve tried to harden the target, to make it more difficult to be corrupt. But you still have to change attitudes and culture. And I don’t think we’re there yet.

“Until it’s a disadvantage to be a contributor or a relative or a friend, and until politicians are willing to take risks and lead, rather than try and figure out what’s best for their political career, then we’re going to continue to have problems.”

Yepsen also indicated the public will remain skeptical.

“Everybody in public life is going to have to bend over backwards to restore public confidence in government service because of what this man did,” Yepsen said.

“He left the state with enormous fiscal problems, and we’re the butt of late-night TV comedians. It takes a long time to overcome that.

“We’ve got ethical wounds to heal,” Yepsen added. “We’ve got financial wounds to heal. And that’s going to take a long time.”

Own worst enemy

Redfield also lamented that some will stay away from government service because of the state’s reputation.

“When we have corruption, people don’t trust government,” Redfield said. “They don’t participate. Good people don’t go into government, into politics.”

On a personal level, Redfield said he considers the verdicts against Blagojevich “a tragedy for his family, and particularly for his children.”

Redfield said the main differences from the first trial, in which Blagojevich was only convicted on a single charge, was a streamlined case put on by the prosecution and the fact that Blagojevich testified in the second trial, in which he was convicted of 17 of 20 counts.

“Clearly, the governor has always been his own worst enemy — the misplaced supreme confidence and arrogance,” Redfield said. “His behavior got him to where he is, and clearly his willingness to testify in the second trial probably, obviously resulted in more convictions.”

* "Illinoisans deserve better. We must move forward with a renewed focus on ethics reform. It is time to beat back the Illinois culture of corruption, restore integrity to the Land of Lincoln and make sure these crimes never happen again." -- Lt. Gov. Sheila Simon

* “I believe our state will grow stronger as a result of the conviction of Rod Blagojevich today. Rod Blagojevich abused the office of Governor and made every attempt to capitalize on his public office for personal and political benefit. His overwhelming conviction today should serve as yet another reminder that public officials are in office to serve the public and not their own personal interests and ambitions. We have made some progress in ending pay-to-play politics in Illinois, but the decision today underscores the need for us in government to continue our work to earn the trust and confidence of our citizens.” -- State Sen. Bill Brady, R-Bloomington

* "At long last, Rod Blagojevich has been found guilty. He has put Illinois through the wringer with his corruption as Governor and then with his antics on trial. His outrageous behavior before and after being impeached as Governor has shamed Illinois. In 2005, I made newspaper headlines saying Rod Blagojevich was the 'most corrupt Governor in Illinois' history.' If a then freshman State Representative was on to him in 2005, I say shame on those who supported his re-election in 2006, especially those who now sanctimoniously decry his corruption with statements to the media today. Long before the astonishing transcripts of wiretaps by the U.S. Attorney’s office were released it was clear to all who followed Illinois government that we had the equivalent of an organized crime ring systematically shaking down people who dealt with Illinois government for personal and political gain. It was racketeering pure and simple." -- U.S. Rep. Aaron Schock, R-Peoria

* “I'm glad that the verdict is finally in on Rod Blagojevich. However this closes only one chapter of Democrat corruption in Illinois. Illinois Democratic politicians who now try everything they can to hide their past support of Rod Blagojevich should look themselves in the mirror and remind themselves that little has changed since the day Blagojevich was arrested. Our current governor (Pat Quinn) has appointed lame duck legislators to high paid positions after they changed their views and voted for late night tax hikes. The Speaker of the Illinois House (and state Democratic Party Chairman Mike Madigan) is partner in a law firm that has reaped millions in appealing tax assessments in a relationship that even Forrest Claypool (now a member of Chicago Mayor Rahm Emanuel’s Administration) said ‘has caused our taxes to go up and the level of faith in government to go down.’” -- Illinois Republican Party Chairman Pat Brady

* "Today's verdict is a stark reminder that no one is above the law. This decision is the culmination of a tumultuous two and a half years for the people of Illinois and Rod Blagojevich must now face the consequences of his corrupt actions. I commend the work of U.S. Attorney Patrick Fitzgerald and his team. Now it's time to close this unfortunate chapter in our history and focus on tackling the difficult issues we face at home in Illinois and across the country." -- U.S. Sen. Mark Kirk, R-Ill.

* "I am heartened by the Jury's verdict against Rod Blagojevich, and pleased to see justice after many months of waiting. But make no mistake: this is nothing to celebrate. Through his unconscionable behavior and reckless leadership, Blagojevich inflicted damage on Illinois that will take years, if not generations, to repair. He broke the public trust and mismanaged dollars with a zeal that was unique even in our storied state. I find his behavior reprehensible and am personally pleased to see him held responsible. But more important, I hope that today's verdict delivers a reminder that elected leaders serve the public, not the other way around - and they will be held accountable, even if it takes a while. While I look forward to turning the page on Blagojevich, I hope that the lessons learned from his prosecution live on. Ironically, it would prove to be his greatest contribution to our state." -- Illinois Comptroller Judy Baar Topinka

* "It’s another black eye for the state of Illinois and a sad day for the state of Illinois for that reason, but it also shows the judicial system works. He had tremendous charisma. The unfortunate thing is there was a dark side to Blagojevich that came out today. You certainly can’t blame Democrats for the kind of person Blagojevich was, anymore than you can blame Republicans for George Ryan’s actions." -- Sen. Larry Bomke, R-Springfield

* "I feel like we’ve known for quite some time his indiscretions and use of the office for his own personal gain. That has come full circle. I think the jury made the right decision. Hopefully, it will be a lesson for people in the future. There is an ongoing effort to try to prevent individuals from taking advantage of the system here in Illinois, taking advantage of voters, the public and people who do business with the state. We always have to try to stay one step ahead of individuals intent on trying to break the law. " -- Sen. John Sullivan, D-Rushville

* "Turns out that thing wasn’t so golden after all. We have been involved for the last nine years with the governor and his antics. We’re just ready to move on. It’s time to concentrate on what we can improve in Illinois and a lot of what we have to worry about are programs he put into place. The sorry financial shape of the state is the result of Blagojevich and his administration." -- Rep. Rich Brauer, R-Petersburg

* "Hopefully this will bring an end to a sad chapter in our political history. Hopefully, people will remember to do a little more homework before they vote and we can move on." -- Rep. Jim Watson, R-Jacksonville

* "I long thought he would be found guilty. It renews my faith in the system. They ought to get a message in Illinois that if you are corrupt, you are going to jail. I think (ethics reform) is an ongoing process. I don’t think we’ll ever get done with it. Every time we pass a law, someone finds a loophole. " -- Rep. Raymond Poe, R-Springfield

Area residents react

* Aracely Rodriguez, 27, Springfield: “I’m wondering if he is really going to jail. The way our (court) system is, it’s way too easy on stuff like that — especially on people with money. … (The verdict) is giving us more of a bad name, but sometimes that’s what needs to happen for things to change.”

* Caryn King, 30, Chatham: “I do believe it catches up to you after awhile. You hate to make an example out of one person, but sometimes it has to happen that way.”

* Michael Taft, 32, Springfield: “It’s good for the image of Illinois politics, in that we have held someone accountable for their corruption.”

* Chelsea Fiddyment, 23, Springfield: “I think, in general, a lot of people are going to feel vindicated — and rightfully so.”

* William Caslin, 48, Springfield: “Through what seemed to be a lot of mismanagement, he was also doing some things that were the typical Chicago routine. I think Illinois, this time, did it right. Maybe this will be a warning to other politicians. We’ve had these shenanigans for years. It’s part of our state’s history, but we’re at a point in our nation’s history that we can’t afford it.”

* Erik Fredrickson, 30, Springfield: “(The verdict) is pretty surprising. I thought it would be the same result as last time.”

* Mike Graves, 23, Springfield: “I think it’s awesome.”

* Bobby VanDerWal, 20, Springfield: “I definitely think for all the stuff he has done, he deserves everything he got.”

CHICAGO -- Former Illinois Gov. Rod Blagojevich the witness stand for seven days at his retrial, and that testimony became the focus of proceedings for weeks. Some notable quotes from Blagojevich during his testimony and from attorneys during their closings:

- "I'm here today ... to tell you the truth." - Blagojevich's first words to jurors as he began testifying.

- "The defendant lied to you under oath in this courtroom." - Prosecutor Carrie Hamilton in closing arguments.

- "I see what I say here, but that's not what I meant." - Blagojevich looking at an FBI wiretap transcript in which he seems to say clearly that he would trade an appointment to the Senate seat in exchange for a benefit for himself.

- "There's one person, this guy, whose words don't mean what they mean." - Prosecutor Reid Schar pointing to Blagojevich across the courtroom.

- "He likes to talk, and he does talk, and that's him. And that's all you heard." - Goldstein saying Blagojevich was merely brainstorming, not committing any crimes.

- "It's not that he talked a lot and it means nothing. It's that he talked a lot and it means everything." - Prosecutor Reid Schar telling jurors Blagojevich's talk about trading the Senate seat was, in itself, a crime.

- "Listen to the tone of his voice. You can hear him smiling." - Prosecutor Carrie Hamilton telling jurors to listen to all the FBI wiretaps, saying Blagojevich was giddy at the prospect of profiting from his actions.

- "The ultimate crime is the destruction of the faith and trust that the people placed in the defendant." - Prosecutors Carrie Hamilton about Blagojevich.

- "I'm a product of the disco era, when a hairbrush is an extension of your right hand." - Blagojevich on the stand about his hair.

- "I had a man crush on Alexander Hamilton." - Blagojevich in one of many off-beat historical and celebrity references to jurors.

- "I have a vain quality. There's a certain narcissism." - Blagojevich to jurors about his character flaws.

- "A classic case of unrequited love." - Blagojevich awkwardly explaining a comment he made in an FBI wiretap recording where he is heard cursing his constituents as ungrateful for all the good he supposedly did as governor.

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List of charges, verdicts against Blagojevich

CHICAGO (AP) - Jurors at Rod Blagojevich's corruption retrial decided on 20 counts against the former Illinois governor. The verdicts were read Monday. On the official verdict form, there's a box under each charge for the panelists to check "guilty" or "not guilty." The counts and decisions are:

GUILTY - Counts 1-10: WIRE FRAUD. Nearly all are related to the allegation Blagojevich tried to sell or trade President Barack Obama's old Senate seat. Each count carries a maximum 20-year prison sentence.

NO VERDICT - Count 11: ATTEMPTED EXTORTION. The alleged attempt to force then-U.S. Rep. Rahm Emanuel's Hollywood agent brother to hold a fundraiser for Blagojevich in exchange for releasing a school grant. Maximum penalty of 20 years.

GUILTY - Count 12: ATTEMPTED EXTORTION. Alleged attempt to shake down the CEO of Children's Memorial Hospital for a campaign contribution. Maximum penalty of 20 years.

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